HomeMy WebLinkAboutRon Asmus - Chiawana Heights Subdivision Pipeline Negotiation Agreement006 1"
IqII0 Pasco
Ron Asmus
802 S Dowes St
Kennewick WA 99336
Dear Mr. Asmus:
The letter sent to you by WCIA on July 16, 2019 outlined the reasons why the City believes it has no liability
for the unfortunate duplication of efforts in the installation of irrigation pipe related to the Chiawana
Heights Phase 3 subdivision. The City still stands by these reasons.
However, in the interest of compromise, the City wants to settle this as it relates to the Chapel Hill Blvd
right-of-way dedication.
The City agrees to pay $25,000 on condition that you provide the following documents to the City by 5:00
today, August 15, 2019:
• Right-of-way paperwork from Tierra executed by you dedicating all right-of-way and temporary
construction easements for the Chapel Hill Blvd project
• Authorize Premier Excavation to immediately access and continue work on Chapel Hill Blvd project
within proposed right-of-way
• Execute the attached Release of All Claims & Settlement Agreement
By signing below you are agreeing to the above terms and that you fully understand it.
Once we receive this signed letter back from you and all the above information, the City will process the
agreed upon payment.
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Dated this a % day of '
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Signature (Ron Asmus)
RELEASE OF ALL CLAIMS & SETTLEMENT AGREEMENT
That the Undersigned, Ron Asmus (referred to below as Releasor) for the sole consideration of Twenty five
thousand Dollars and zero cents ($25,000) the receipt and sufficiency of which is hereby acknowledged, does
hereby forever release, discharge, and dismiss the City of Pasco, and their officers, employees, successors, heirs,
and all other persons, corporations, and entities of any kind (referred to below as Releasees) from any and all
claims, actions, causes of action, demands, rights, damages, costs, attorney fees, loss of services, expenses, and
compensation, either known or unknown to the Releasor, which in anyway relate to any known or unknown
personal injuries, property damage, and/or other losses or expenses related to installation of pipe within
Chiawana Heights Phase 3 as well as the Chapel Hill Right-of-way F011/2018 at or, Pasco, WA.
Releasor agrees by signing this Release and Agreement, that the payment of the consideration therefore: (1)
does not constitute an admission of any liability by any Releasee, and, in fact, all Releasees dispute the claim and
deny liability; and (2) includes full and final settlement of all the Releasor's claims, both present and future,
arising from this event and applies to any and all past and future injuries, damages, and medical expenses
(including any injuries not now known or the extent of which is not now known and which may later develop, be
discovered, or worsen); (3) the Releasor agrees to pay from these settlement proceeds any person, corporation,
or entity who has a lawful lien or subrogation claim against these funds for any medical bills, insurance
payments, attorney's fees, and/or the claims of any governmental entity. Releasor agrees to defend, indemnify,
and hold harmless all Releasees from any such liens, subrogation claims, or other such claims of any person or
entity claiming any interest in the settlement funds being paid pursuant to this agreement.
The undersigned further declare(s) and represent(s) that no promise, inducement, or agreement has been made
to the Undersigned, and that this Release contains the entire agreement between the parties hereto, and that
the terms of this Release are contractual and not a mere recital and that it is intended to be binding on
my/our/its heirs, executors, administrators, successors, and assigns.
THE CITY OF PASCO DOES NOT LEGALLY REPRESENT THE UNDERSIGNED. THE UNDERSIGNED UNDERSTANDS
ANY QUESTIONS REGARDING THIS RELEASE SHOULD BE DIRECTED TO HIS OR HER OWN PERSONAL ATTORNEY
PRIOR TO SIGNING.
THE UNDERSIGNED HAS READ THE FOREGOING AND FULLY UNDERSTANDS IT.
DATED this 1 day of 20 a�
X
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State of Washington Signature of Releasor(s)
County of►�YA,l/l,"i► I
I certify that I know or have satisfactory evidence that �(�1�1 ia�„ is the person who appeared
before me, and said person acknowledged that (he/she) signed this instrument and acknowledged it to be
(his/her) free and voluntary act for the uses and purposes mentioned in the instrument.
Dated: 0 - a — D20
S i t u re` Jamil SaftV Roerero
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Title Notary PUWM
State of wwhkvtm
My appointment expires ) MNApp**nftE*w 0110==